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(영문) 서울중앙지방법원 2016.04.07 2015가단5288787
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 2, 2014, the Defendant, an insurance company, entered into an agreement with Plaintiff A on the “Franchisium comprehensive insurance contract by setting the beneficiary of the insured as C (the Plaintiff’s ancillary, and KRW 200 million insurance money upon the death of the insured as the statutory inheritor.”

B. According to the above insurance contract, the defendant did not pay insurance money if the insured intentionally injures himself/herself, and provided that the insured would pay insurance money if he/she damages himself/herself under the circumstance that the insured cannot make a free decision due to mental disorder, etc

C. On April 20, 2015, C around 14:38, 2015, after receiving treatment for depressions, etc. from “Ethic health clinic” located in an officetel located in Mapo-gu Seoul Metropolitan Government D, C prepared medicine at a pharmacy according to a prescription, and died by administering medicine at around 15:0 on the same day.

[Ground of recognition] Nos. 1 through 3, Gap evidence No. 8, Eul evidence No. 1 and the purport of the whole pleadings

2. The plaintiffs' alleged suicide of C, the insured, occurred in a state where it is impossible to freely determine the intention due to the influence of depression, etc. suffered by C at the time. Thus, the defendant asserts that C, the legal heir of C, is obliged to pay the insurance proceeds.

3. Where the insured commits suicide, in principle, falls under the grounds for exemption of the insurer, unless it does not constitute a case where the result of death was caused in a situation where the insured could not make a free decision due to mental illness

The issue of whether a person was killed in the absence of free decision-making due to mental illness, etc. in this context shall be the age and character of the person who committed the suicide, the physical and mental psychological situation of the person who committed the suicide, the outbreak time of the mental illness, the progress and degree thereof, the detailed state at the time of the suicide, the surrounding situation where the person was faced with the suicide, and at the time of the suicide.

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